Agreement Terms and conditions of use
Welcome to festivity, your online destination delivering events and gathering services within a click away, our services are accommodated especially for you to deliver and ensure the utmost convenience with the best assistance to engrave an unforgettable memory of your occasion, we provide our services through the electronic platform (Festivity) which we fully own its trademarks and intellectual property.
Law and jurisdiction:
1.1 Your acceptance of this agreement and terms is considered to be an approved and signed electronic signature in our electronic system and confirms the validity of this agreement, by applying the provisions of Law No. 20/2014 for electronic transactions.
1.2 This agreement and terms and conditions shall be governed in accordance with [Kuwaiti laws].
1.3 Any disputes relating to this agreement and/or terms and conditions shall be subject to the jurisdiction of the courts of (Kuwait).
2. License to use platform
2.1 You may:
(a) View pages from our platform;
(b) Download pages from our platform for caching;
(c) Use our platform services, subject to the other provisions of these terms and conditions.
2.2 Except as expressly permitted by these terms and conditions, you must not download any material from our platform or save any such material to your device.
2.3 You may only use our platform for your own personal use, and you must not use our platform for any other purposes.
2.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our platform
2.5 Unless you own or control the relevant rights in the material, you must not:
(a)Republish material from our platform (including republication on another platform);
(b) Sell, rent or sub-license material from our platform
(c) Show any material from our platform in public;
(d) Exploit material from our platform for a commercial purpose; or
(e) Redistribute material from our platform.
2.6 You may redistribute [our newsletter] in [print and electronic form] to [any person].
2.7 We reserve the right to restrict access to areas of our platform, or indeed our whole platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our platform.
We may amend these Terms at any time in our sole discretion. If we do so, we will notify you with the modified Terms by the e-mail and notification service. The modifications will be effective from the date specified in each notification, except that changes addressing new functions of the Service or changes made for legal reasons shall be effective immediately. You are obligated to review these Terms periodically so that you are aware of any modifications. Your continued access and use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by these Terms and conditions as modified.
4. Acceptable use
4.1 You must not:
(a) Use our platform in any way or take any action that causes, or may cause, damage to the platform or impairment of the performance, availability or accessibility of the platform;
(b) Use our platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, mobile or computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious mobile or computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our platform without our express written consent;
(e) Access or otherwise interact with our platform using any robot, spider or other automated means.
(f) Violate the directives set out in the robots.txt file for our platform; or
(g) Use data collected from our platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
4.2 You must not use data collected from our platform to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our platform, or in relation to our platform, is true, accurate, current, complete and non-misleading.
5. Service providers and Vendors
1- The platform only presents and offers the goods, products and services of the vendor, the platform shall not bear any legal responsibilities in regards to errors or lack of information or data. .
2- The goods, products and services offered on the platform and their financial value, data and description are specified by the vendor.
6- Users and Clients Terms
The user and client shall preserve and keep safe all the vendors machines, goods, products and properties provided in the same status, conditions, parts, shape, use and way that was delivered, any damage or misuse to it shall trigger a compensation for the vendor, the platform shall not bear any liability in this regards.
The user and client shall inform the vendor and the platform for any defected goods and products within a reasonable period to take reasonable actions.
When placing the order, the user and client acknowledge that they have reviewed and approved all information, terms and conditions of the products, goods and services, in case of requesting additional information, details, products, goods or services please contact the vendor in a proper time.
6.1- cancellation and refund policy
6.1.1 Any products, goods and services that are specially designed or manufactured or assembled according to the request of the user or client will not be eligible to cancelation, the user and client shall pay all due amounts, expenses and fees. In case the user or client didn’t or refused to accept the products, goods and the service in the date and time that was specified when ordering, the order shall be considered done and delivered and the vendor shall have all the right to claim all its due amounts, expenses and fees.
6.1.2 The user and client shall have the right to cancel the order 3 days prior to the date of delivery (the period includes the date of the cancellation day and the date of the delivery day) a cancelation fee of 1% of the total order amount shall be deducted, a refund shall be issued to the user and client within 15 working days.
6.1.3 The user and client shall have the right to cancel the order two days prior the delivery date (the period includes the date of the cancellation day and the date of the delivery day) a cancelation fee of 51% of the total order amount shall be deducted, a refund shall be issued to the user and client within 15 working days.
6.1.4 If the user and client cancelled the order in the same delivery date a fee of 100% of the total order amount shall be deducted as a penalty for the entire value of the order, the user and client clearly and without coercion accept and approve to this right and in case the user and client wishes to postpone the paid order, they shall have to contact the vendor and the platform administration to guarantee the best effort is made, additional fees may occur,
6.1.5 if the order was made for the special occasions (ex. Long weekends, 25-26 Feb., Mother’s Day, New Year’s Eve, Eid Al Fiter & Eid Al Adha,.. ect), The user and client shall have the right to cancel the order 5 days prior to the date of delivery (the period includes the date of the cancellation day and the date of the delivery day) a cancelation fee of 1% of the total order amount shall be deducted, a refund shall be issued to the user and client within 15 working days.
6.1.6 If the request is made for special occasions (for example long weekends, 25-26 February, Mother's Day, New Year's Eve, Eid al-Fitr and Eid al-Adha, ... etc.), the user and the customer are not entitled to cancel the order if the cancellation is 4 days before From the date of delivery (the period includes the date of the day of cancellation and the date of the day of delivery) and a cancellation fee of 100% is deducted from the total order amount.
6.1.7 Coupon/Discount codes are nonrefundable.
7. User IDs and passwords
7.1 If you register for an account with our platform, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8 .Breaches of these terms and conditions
8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to our platform;
(c) Permanently prohibit you from accessing our platform;
(d) Block computers using your IP address from accessing our platform;
(e) Contact any or all of your internet service providers and request that they block your access to our platform;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g)Suspend or delete your account on our platform.
8.2 Where we suspend or prohibit or block your access to our platform or a part of our platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
9. Cancellation and suspension of account
9.1 We may:
(a) [Suspend your account;]
(b) [cancel your account; and/or]
(c) [Edit your account details,
At any time in our sole discretion without notice or explanation.
9.2 You may cancel your account on our platform using your account control panel on the platform.
10. Your content: rules
10.1You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) Be libelous or maliciously false;
(b) Be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence in an explicit, graphic or gratuitous manner.
(m) Be pornographic, lewd, suggestive or sexually explicit.
(n) Be untrue, false, inaccurate or misleading.
(o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
(p) Constitute spam
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Cause annoyance, inconvenience or needless anxiety to any person.
11. Limitations and exclusions of liability
11.1 Nothing in a contract under these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in a contract under these terms and conditions:
(a) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
11.3 To the extent that our platform and the information and services on our platform are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the platform or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. THIRD-PARTY LINKS AND RESOURCES IN OUR PLATFORM:
Our Platform contains links to other sites and resources provided by third parties, these links we provide are meant for the public. We have no control over the contents of those sites or resources.
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall permit the use of our platform from the date of publication of the revised terms and conditions on the platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will allow the use of our platform from the date that we give you such notice; if you do not agree to the revised terms and conditions, you can contact the platform administration, or you can stop using our platform.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the platform, and you must stop using the platform.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.